assign lease nyc

How to Break a Lease in NYC

A lease is a binding legal contract, and your landlord has no obligation to let you break it. Even if you may think it’s in your landlord’s best interest to let you out of the lease, that likely won’t happen. However, breaking a lease in NYC is still possible, even if your landlord doesn't want to let you out of it. 

hash-mark Table of Contents

How to Break a Lease in NYC Breaking a Lease in NYC Tips How To Do a Lease Assignment in NYC Breaking Your Lease vs Subleasing the Remainder of Your Lease How To Find Someone To Take Over Your Apartment Lease? Breaking Your Lease in NYC Bottom Line

hash-mark How to Break a Lease in NYC

• Review Your Lease
• Speak With Your Landlord
• Get Everything in Writing
• Perform Your Agreed Obligations
• Sign the Paperwork to Formally Break Your Lease

1. Review Your Lease

The first step to break your NYC apartment lease is to review the terms of your lease. Check to see if it includes an opt-out clause or details specific to subletting or breaking your lease. If it does, you'll also want to check the requirements, which might include a fee. This fee can range from anywhere between a thousand bucks to 3+ months rent but is typically set at either 1 or 2 months rent. You’ll also likely need to give your landlord at least 30 days’ notice of your intention to break the lease.

2. Speak With Your Landlord

After reviewing your lease, you’ll need to speak with your landlord. Explain your situation and see what your options are. Landlords understand that it’s in their best interest to have a tenant who is happy, stable, and financially secure in place, and will likely have a specific policy in place for how you can get out of your lease.

If your lease doesn't have an opt-out clause, they will often ask you to either find a new tenant for an apartment lease takeover via a lease assignment or to find someone to sign a brand new lease with them before they let you break your contract and surrender the apartment.

3. Get Everything in Writing

The next step in breaking your NYC lease is to put everything in writing. Whatever you and your landlord agree to, be sure to document it in writing. Depending on what your lease says, you may even need to draft a formal document that you and your landlord both sign. This will be your proof in the event that there are future misunderstandings. 

4. Perform Your Agreed Obligations

After everything is put down in writing, it's time to fulfill your obligations to break the lease.  If your lease has an opt-out clause, you will just need to pay the applicable fee to break the contract. If you need to find a r eplacement tenant to sign a new lease in your place, you’ll need to market your apartment and find a suitable candidate to present to your landlord. They’ll sign a new 12-month lease at the market rate, and then your contract with the landlord will be broken. It used to be that most landlords wouldn’t charge you a fee in this scenario, but nowadays, fees ranging from $250 to $1000+ are commonplace.  

5. Sign the Paperwork to Formally Break Your Lease

The final step in breaking your lease is to sign the paperwork. Typically, your landlord will have a standard lease cancellation agreement, which will reference the original lease and confirm the date of the lease break. This agreement should also detail how the security deposit and move-out are handled, as well as any remaining obligations you and the landlord have to each other.  

hash-mark Breaking a Lease in NYC Tips

• Follow Your Landlord's Procedures
• Be Clear With Your Intentions

1. Follow Your Landlord's Procedures

The most important thing to do when breaking a lease in NYC is to follow all landlord procedures. Many times tenants will ask their landlord if they can break or assign their lease but do not follow the proper procedures, delaying the process significantly.

2. Be Clear With Your Intentions

You should also be clear with your intentions when breaking a lease. If they tell allow you to break your lease, be sure you clearly tell your landlord that you will be actively working on getting out of your lease and ask for their permission in writing.  The last thing you want is to find someone who wants to move in only to be told that their application can’t be processed until you send a certified letter to your landlord’s corporate headquarters formally asking for permission to assign/break your lease. 

hash-mark How To Do a Lease Assignment in NYC

• Understand How Lease Assignments Work
• Market Your Lease Assignment
• Be Prepared to Explain Any Drawbacks

1. Understand How Lease Assignments Work

If you cannot break your NYC lease a great alternative is to assign your existing contract to a new tenant. But before you can do a lease assignment it's imortant to understand how the process works. A lease assignment is similar to finding a new tenant to sign a new lease, except for the fact that they’ll just be taking over your existing contractual obligations.

The next step for a lease assignemnt is to speak with your landlord and ask about their requirements. Some landlords may force your hand and accept either only an assignment or only a break with a tenant signing a new 12-month contract, so make sure you speak with your landlord to find out what your options are before you start marketing your place.

3. Market Your Lease Assignment

After you understand the procedure for a lease assignment, it's time to market your apartment. Depending on what your landlord wants you can target different types of prospective tenants. For example, one  advantages of a lease assignment are that the incoming tenant will generally be grandfathered into your current rental price, which will typically be lower than current market rates. There will also be no broker fee for the assignment, so this will appeal to many tenants looking for a deal. 

A Lease assignment can also work well for anyone who is looking for a shorter term, as prices will be significantly lower than other short-term rentals. One thing to note is that many landlords do charge a lease assignment fee that typically ranges from $250-$750+. 

4. Be Prepared to Explain Any Drawbacks

Lease assignments can also have some drawbacks which you should be prepared to explain to the new tenant. The main disadvantage of a lease assignment is that the unit is usually rented “as-is,” meaning the landlord won’t come in and clean, prep, and paint before the new tenant moves in. This, combined with the fact that the term will likely be for a shorter period of time than a traditional 12-month lease, might make it less attractive to prospective renters. 

5. Sign the Lease Assignemnt and Transfer the Lease

Once you've found a tenant that wants to take over your lease that your landlord approves, it's time to make it formal. Your landlord will prepare a lease assignment rider, which you, the new tenant, and the landlord will all need to sign. It will detail the date which on which the lease is assigned and when the new tenant can formally take possession of the apartment. 

hash-mark Breaking Your Lease vs Subleasing the Remainder of Your Lease

While some owners may not entertain a lease break or assignment (they have the legal right to refuse any such request outright), you are entitled to a right to ask for a  sublet in NYC (the landlord does have the right to charge an additional 10% sublet fee). It’s rare, however, that an owner would prefer a sublease over a lease break or lease assignment, as those are typically cleaner for everyone involved.

Sublets involve an added element of risk for all parties. For you “the sublessor,” you’ll still be responsible to the landlord for the apartment and rent, so if the new tenant “the sublessee” skips rent payments, damaged the apartment, or overstays the lease you may be on the hook. For the sublessee, there’s typically an element of uncertainty as there is no long-term guarantee that the landlord will offer them a new lease. The landlord also usually incurs additional risk as they do may not necessarily get to qualify and screen a sublessee as thoroughly as they’d like (sublets typically do not go through the standard application process with the landlord and sublessees, therefore, do not have to meet the landlord’s income requirements). 

hash-mark How To Find Someone To Take Over Your Apartment Lease?

Whether you decide to go for a lease break, assignment, or sublet, it can be challenging to find someone to take over your lease in NYC. You'll need to move quickly and market your apartment in as many places as possible. There are numerous websites where you can list your place, including LeaseBreak, Craigslist, Renthop, Flip, and Facebook groups like Ghostlight Housing. You can also post your apartment on StreetEasy, but the fee to do so is relatively high. That being said, Streeteasy is the largest real estate website in NYC.

Tip- Depending on the time of year, your urgency, and the term of your contract you may want to consider offering a concession. This can help make your place more attractive as breaking a lease in NYC can be relatively time-consuming and challenging. If you will have difficulty showing the apartment or don't have the time to properly market it, you might also want to consider hiring a broker to help you rent the place. 

hash-mark Breaking Your Lease in NYC Bottom Line

We always recommend trying to assign or break your lease whenever possible, even if it means paying a fee. Subletting your apartment might seem like a tempting way to save some money, but it presents additional risk.

Do your best to negotiate a deal to break your lease with your landlord or find someone who wants to take over your existing NYC apartment lease or sign for a 12-month term with your landlord. This will ensure you are no longer liable for the apartment once you move out.

If you decide to sublet, the safest thing you can do is ask for additional security deposits or pre-payment of rent for the entire sublease upfront. It is also essential to get the landlord’s approval. Ideally, your landlord will put in writing that you will not be held accountable for any damages or monetary liabilities that occur upon the termination of your contract with the landlord (for example, if the sublessee does not vacate the apartment and refuses to pay rent past the expiration of the lease). 

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6 ways to break your NYC apartment lease

Landlords are struggling to fill apartments and that makes it more complicated to break your lease right now.

New York City renters increasingly need to break their leases during the pandemic—because of job loss, or wanting to move closer to family in another state. Whatever the reason, breaking a lease isn’t a simple proposition and you need to be aware of certain pitfalls.

For starters, landlords are going to have a tough time filling your vacant apartment, so they are not as inclined as they may have been in the past to let you out of your lease.

According to The Elliman Report for Manhattan, Brooklyn, and Queens for August, the number of rental listings hit the highest total in 14 years last month, jumping 166 percent. Leases with concessions, like a month or two of free rent, reached the largest market share in nearly a decade of tracking. These are signs landlords are struggling to fill units. 

Tenant attorneys have been approached by lots of tenants about lease breaks this year. Sam Himmelstein, partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph (and a Brick Underground sponsor) told us back in April the number of tenants leaving NYC was “massive."

And leasing agent Adam Frisch, managing principal at Lee & Associates Residential NYC , says throughout the summer he was getting requests for at least 10 lease breaks a day . 

The fact that landlords are offering more concessions can be upsetting to renters who signed leases recently.  One tenant (who wanted anonymity) told us she was livid that tenants coming in now are being offered three months free—something she was not offered in April. 

“I understand we all had unknowns when it comes to the pandemic, but their priority should also be appeasing the tenants they already have. I’m struggling to figure out how to get help to renegotiate my rate or discuss breaking my lease altogether,” she says. 

[Editor's note: An earlier version of this post was published in March 2018. We are presenting it again with updated information for September 2020.]

Last year, landmark rent reforms shifted some responsibility to landlords when it comes to re-renting an apartment after a tenant breaks the lease. Landlords now have what’s called “ a duty to mitigate ,” meaning they need to do what they can to look for a replacement tenant, but even so, you could still be on the hook for the entirety of the lease, especially as landlords struggle to fill their buildings. 

Ultimately, in order to get out of your contract, you need to have some legitimate reason for the landlord to agree to release you or you need to find something the landlord has done to breach the agreement. We’ve rounded up the main exit strategies, as well as how to execute them with a minimum of friction and the smallest blow to your wallet.

1) Find another tenant

If you find another qualified tenant, New York state law requires the landlord to “assign” the lease to the new renter and let you out of your lease responsibilities within 30 days. However, the new tenant does have to be approved by your landlord.

If a landlord decides your candidate isn’t suitable, they can turn them down, provided they give you a valid reason for the refusal, says real estate attorney Steven Wagner, a partner at Wagner Berkow & Brandt (a Brick Underground sponsor). To qualify, a tenant should make 40 times the monthly rent at minimum, have a good credit score, and employment letter and copies of recent pay stubs and bank statements.

Before casting your net for a replacement tenant, figure out how the landlord or management company plans to handle the new lease, especially for renters hoping to stay on longer than a few months. Will they allow the tenant to stay for the rest of your lease term, or require the tenant to sign an entirely new year-long agreement? What will renewal terms be once that initial period is up?

Websites like Leasebreak connect people looking to break their leases with those in search of short-term rentals. You could also approach a rental broker. If you liked the agent who helped you locate the apartment initially, call him or her back and ask for help, or work with a new agent.​

If you use a broker, it could relieve you of some headaches. The broker can post your listing to the brokerage's internal database, widening your audience, coordinate all of the apartment showings, screen out anyone who might not be financially qualified to rent in the building, handle your landlord’s requirements and lease-break protocols for you, and serve as a single point of contact to identify a new tenant.

The new tenant is technically on the hook for the broker's fee—which can range from a month’s rent to 15 percent of a year’s rent—but you may find yourself paying the fee, especially if you're desperate to get out quickly.

It’s also possible you might pay the broker in order to remove the commission as an obstacle for anyone looking to rent.

2) Sublet your place

Just as you have the right to assign your lease, you also have the right to sublet your place if your building has at least four apartments.

With a sublet, the assumption is the leaseholder is leaving the apartment for a temporary period. As the leaseholder, you’re still responsible for paying rent to the landlord and any damage to the apartment.

You can find a subletter the same way you’d find a new tenant, by advertising on your social media accounts or on various rental and roommate sites. You could even enlist the help of a broker if you’d like someone else to do the heavy lifting. Once you've found a suitable candidate, you should notify your landlord. If she doesn't respond to your request within 30 days—or within 30 days of receiving any additional information she's asked for—then this is interpreted as legal consent.

3) Ask to be set free

During the pandemic, a request for a lease break may not come as a surprise to your landlord—they’re well aware of the toll New Yorkers have suffered. Most tenant attorneys say communication is key when it comes to breaking your lease.

A landlord might be more likely to work with you if you tell the truth about why you’re moving, although it is obviously easier to re-rent an apartment when demand is high or when it’s closer to the end of your lease.

Some buildings will make you pay an early termination fee—anywhere from a flat rate of $1,000 to three or four months’ rent. 

“Send a registered letter to your landlord explaining why you need to break your lease,” advises Gus Waite, principal broker at Station Cities , a brokerage with relocation expertise. “Ask them for any suggestions they might have that would allow you to get out of the lease.”

He recommends getting your landlord to sign a “surrender agreement," which is a standard legal form stating both you and your landlord agree to release each other from the obligations of the lease. It shouldn't be difficult to get since it's in the landlord's best interest to sign. It should identify your name, the landlord, the address, and the dates of the lease. 

Unless you’ve used your security deposit as rent—which is something that was specifically allowed by Governor Andrew Cuomo during the current public health crisis—it should be returned to you, minus any repair costs, within 14 days of you vacating the apartment .

4) Swap addresses, not landlords

If you rent from a major landlord who owns multiple properties, you could ask to switch to another apartment in their portfolio. It’s possible some of the bigger management companies will let you break the lease in this case.

Some landlords are also countering requests from tenants to go month to month as a result of the pandemic by offering to add clauses saying you can move out early, without penalty, if you give 30-days notice. This gives you the legal protections of a lease and locks in your rent. With a month-to-month arrangement, the landlord can increase your rent at any time. 

5) Annoy your landlord

Although it's one of the less honorable tactics at your disposal, pestering your landlord may convince them it would be easier to find a new tenant than have you stay out the rest of your lease.

“The landlord will want to retaliate, but the landlord’s running a business,” Wagner says. “At the end of the day, they’ll make a decision which favors them economically.”

One of the surest ways to do this is to call 311 and inform the city of (legitimate) violations at your building, whether it’s problems with the facade, mold, vermin or other issues. Some agencies that handle these complaints are the Department of Buildings, the Department of Environmental Protection, and the Department of Housing Preservation and Development. For any existing violations, which will be listed on the DOB or HPD database, a well-timed call to remind the city of the property owner’s lack of attention could help your cause, Wagner says. 

The city keeps the identity of people who file complaints confidential, but your landlord won't have a hard time putting two and two together if the complaint concerns your apartment or if you threaten to call the city about a specific issue beforehand. You could also file a so-called HP action, which is a relatively straightforward housing court complaint that effectively gets city inspectors out to your building to look for violations.

Lastly, there’s always the chance that your landlord illegally destabilized your apartment , taking it out of the state’s rent-stabilization program. Start by getting your apartment's rent history from the state Division of Housing and Community Renewal. This can also help you determine whether the current rent is legal.

As with any of these strategies, caution is the name of the game. A landlord could become aggressive, so this approach is not for the faint of heart. ( Note that if a landlord does fire back with a lawsuit within six months of you complaining to a government agency, it’s legally considered retaliation under New York state real estate law, and you can win damages in court for it, Wagner says.) Bear in mind court cases ground to a halt in the early days of the pandemic and the process is far from back up and running as normal. 

One thing you don’t want to do is to breach provisions of your lease by, say, withholding rent, damaging the apartment, or doing anything illegal in your place to annoy your landlord. Though sometimes a landlord will agree to let you out of your lease to get you to stop, Wagner says, it’s entirely possible he’ll take you to court (when he can) and sue you for damages and legal fees.

6) Force an eviction

Every apartment in New York is required to have a minimum of services guaranteed by the landlord. This is the warranty of habitability —the promise landlords must make to keep your apartment and the building safe and livable at all times. It's an important rule that reassures tenants that their housing is safe and tells landlords what is required of them. 

However, if conditions are so bad you are forced to leave, this is called constructive eviction. 

A break of the warranty of habitability can result in a rent abatement but constructive eviction would prevent you from using the apartment altogether. What you’re saying is that you’ve technically been evicted because your apartment is uninhabitable. 

This is not something to undertake lightly. First you have to move out, and if you don’t prove your claims, you’ll have to pay the rent, Wagner says. So you better start documenting the conditions before packing your boxes.

Call 311 and have building inspectors come out. If they issue violations, that’s objective proof of the problems, Wagner says. You can also take photos, send letters to the landlord, or call in experts to confirm the existence of mold, asbestos, or secondhand smoke. A certified industrial hygienist is your best bet for the testing.

The violations may be enough to convince your landlord to release you, but you may have to take the issue to housing court. This is, again, a major step. Winding up in housing court, even if you initiate the case, is a permanent black mark on your record that can land you on the so-called tenant blacklist which isn’t ideal, even though new laws prohibit landlords from refusing to rent to you if they find out you have had a complicated tenant-landlord relationship in the past. 

Previous versions of this article included writing and reporting by Leah Hochbaum Rosner and Leigh Kamping-Carder.

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Emily Myers

Emily Myers is a senior writer, podcast host, and producer at Brick Underground. She writes about issues ranging from market analysis and tenants' rights to the intricacies of buying and selling condos and co-ops. As host of the Brick Underground podcast,  she has earned four silver awards from the National Association of Real Estate Editors.

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Staten island, long island, westchester, other new york, other texas, washington dc.

Building Amenities

Apartment features, amenities / features, lease assignments nyc.

Lease assignments are rental apartment opportunities where the current tenant is looking to "assign" the remaining months on his or her lease to a new incoming tenant.  In addition to lease assignments, we are also including sublets and true "lease breaks" in this category. 

95 Horatio Street

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95 Horatio Street, 702

Lease Break

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626 1st Avenue, 3205

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This is my exclusive listing

66 Avenue A

240 East 86th Street

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Assignment of Lease

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What is an assignment of lease.

The assignment of lease is a title document that transfers all rights possessed by a lessee or tenant to a property to another party. The assignee takes the assignor’s place in the landlord-tenant relationship.

You can view an example of a lease assignment here .

How Lease Assignment Works

In cases where a tenant wants to or needs to get out of their lease before it expires, lease assignment provides a legal option to assign or transfer rights of the lease to someone else. For instance, if in a commercial lease a business leases a place for 12 months but the business moves or shuts down after 10 months, the person can transfer the lease to someone else through an assignment of the lease. In this case, they will not have to pay rent for the last two months as the new assigned tenant will be responsible for that.

However, before the original tenant can be released of any responsibilities associated with the lease, other requirements need to be satisfied. The landlord needs to consent to the lease transfer through a “License to Assign” document. It is crucial to complete this document before moving on to the assignment of lease as the landlord may refuse to approve the assignment.

Difference Between Assignment of Lease and Subletting

A transfer of the remaining interest in a lease, also known as assignment, is possible when implied rights to assign exist. Some leases do not allow assignment or sharing of possessions or property under a lease. An assignment ensures the complete transfer of the rights to the property from one tenant to another.

The assignor is no longer responsible for rent or utilities and other costs that they might have had under the lease. Here, the assignee becomes the tenant and takes over all responsibilities such as rent. However, unless the assignee is released of all liabilities by the landlord, they remain responsible if the new tenant defaults.

A sublease is a new lease agreement between the tenant (or the sublessor) and a third-party (or the sublessee) for a portion of the lease. The original lease agreement between the landlord and the sublessor (or original tenant) still remains in place. The original tenant still remains responsible for all duties set under the lease.

Here are some key differences between subletting and assigning a lease:

• Under a sublease, the original lease agreement still remains in place.
• The original tenant retains all responsibilities under a sublease agreement.
• A sublease can be for less than all of the property, such as for a room, general area, portion of the leased premises, etc.
• Subleasing can be for a portion of the lease term. For instance, a tenant can sublease the property for a month and then retain it after the third-party completes their month-long sublet.
• Since the sublease agreement is between the tenant and the third-party, rent is often negotiable, based on the term of the sublease and other circumstances.
• The third-party in a sublease agreement does not have a direct relationship with the landlord.
• The subtenant will need to seek consent of both the tenant and the landlord to make any repairs or changes to the property during their sublease.

Here is more on an assignment of lease here .

Parties Involved in Lease Assignment

There are three parties involved in a lease assignment – the landlord or owner of the property, the assignor and the assignee. The original lease agreement is between the landlord and the tenant, or the assignor. The lease agreement outlines the duties and responsibilities of both parties when it comes to renting the property. Now, when the tenant decides to assign the lease to a third-party, the third-party is known as the assignee. The assignee takes on the responsibilities laid under the original lease agreement between the assignor and the landlord. The landlord must consent to the assignment of the lease prior to the assignment.

For example, Jake is renting a commercial property for his business from Paul for two years beginning January 2013 up until January 2015. In January 2014, Jake suffers a financial crisis and has to close down his business to move to a different city. Jake doesn’t want to continue paying rent on the property as he will not be using it for a year left of the lease. Jake’s friend, John would soon be turning his digital business into a brick-and-mortar store. John has been looking for a space to kick start his venture. Jake can assign his space for the rest of the lease term to John through an assignment of lease. Jake will need to seek the approval of his landlord and then begin the assignment process. Here, Jake will be the assignor who transfers all his lease related duties and responsibilities to John, who will be the assignee.

You can read more on lease agreements here .

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Assignment of Lease From Seller to Buyer

In case of a residential property, a landlord can assign his leases to the new buyer of the building. The landlord will assign the right to collect rent to the buyer. This will allow the buyer to collect any and all rent from existing tenants in that property. This assignment can also include the assignment of security deposits, if the parties agree to it. This type of assignment provides protection to the buyer so they can collect rent on the property.

The assignment of a lease from the seller to a buyer also requires that all tenants are made aware of the sale of the property. The buyer-seller should give proper notice to the tenants along with a notice of assignment of lease signed by both the buyer and the seller. Tenants should also be informed about the contact information of the new landlord and the payment methods to be used to pay rent to the new landlord.

You can read more on buyer-seller lease assignments here .

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Contract to lease land from a church.

I’m planning on leasing land from a church. Putting a gym on the property. And leasing it back to the school.

Ok; first step is that you will need a leasing contract with the church. Ask them to prepare one for you so you would just need an attorney to review the agreement and that should cost less than if you had to be the party to pay a lawyer to draft it from scratch. You need to ensure that the purpose of the lease is clearly stated - that you plan to put a gym on the land so that there are no issues if the church leadership changes. Step 2 - you will need a lease agreement with the school that your leasing it do (hopefully one that is similar to the original one your received from the church). Again, please ensure that all the terms that you discuss and agree to are in the document; including length of time, price and how to resolve disputes if you have one. I hope this is helpful. If you would like me to assist you further, you can contact me on Contracts Counsel and we can discuss a fee for my services. Regards, Donya Ramsay (Gordon)

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Assignment of Commercial Leases in New York

For example, a commercial tenant operates a car repair business and has a lease for the business for a period of five years.  A third party approaches the business owner and offers to buy the business.  As part of the purchase, the lease needs to be assigned from the current tenant to the purchaser of the business.

The main legal issue relates to the lease itself.  Most, but not all, commercial leases contain a clause allowing assignment of the lease to a third party with the consent of the landlord.  They may also state that such consent is not to be unreasonably withheld or delayed.  Some leases will further delineate what “unreasonable” may entail.  For example, it may state that it is not reasonable to refuse consent to a purchaser who intends to operate the same type of business as the current tenant, assuming they have the financial standing to assume the lease.

As a part of the assignment process, the landlord may reasonably request financial information from the potential assignee, such as individual and business tax returns, or profit and loss statements.  Some leases even have detailed provisions listing the specific documents to be delivered to the landlord from a potential assignee.  Upon receiving such information, the landlord should then advise the tenant whether an assignment will be approved.

The first step is to have counsel  review the lease to determine what the tenant’s rights are regarding assignment.  If the lease allows for assignment with consent of the landlord, it is prudent to make such a request to the landlord in writing, including all documents referenced in the lease.  Many potential deals for sale of a business will necessarily include the premises in which the business is located.  For this reason, obtaining the consent of the landlord for an assignment is an essential component of the sale of a business.  If the landlord does not consent, then the purchase may not go forward.

Assuming the landlord does consent to an assignment, it is important for the assignee have counsel review the lease in question.  In an assignment, the assignee will assume all of the lease obligations of the original tenant.  The new tenant should examine the premises to ensure it is in good condition, as any damages caused by the original tenant will become the responsibility of the new tenant after assignment.

Another issue that will arise in a commercial lease assignment is the payment of the rent and security deposit.  Most landlords will not allow an assignment if the current tenant is in arrears in their rent payments.  All rent payments should be made current before an assignment is finalized. In addition, the original tenant most likely will have given a security deposit of one or more months rent to the landlord.  The parties to the assignment transaction should agree whether this security deposit will be transferred to the account of the new tenant.  If it is, the parties may choose to modify their business agreement to account for these funds being transferred.

Weiss & Weiss  has experience in reviewing commercial leases and effectuating assignments of same when necessary, and welcomes all inquiries in this area.

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Subletting FAQ

It is important to note that these faqs are not intended as a substitute for the definitions, interpretations, etc., contained in the respective rent regulatory statutes, codes, and regulations themselves, or any administrative or court decision construing such statutes, codes, and regulations, or any order of the new york city or county rent guidelines boards., am i legally entitled to sublet my rent stabilized apartment, and how much can i charge, i am subletting. can i take over the lease, may i buy a new residence and sublet my current rent stabilized apartment, can my landlord deny my request to sublet without reasonable grounds.

• What can I do if I’m subletting and just found out I’m being overcharged?

You are entitled to request permission to sublet from the owner, and the owner may not unreasonably refuse such permission. However, you must inform the owner by certified mail, return receipt requested, no less than 30 days prior to the proposed subletting. Your request must contain the following:

• the term of the sublease
• the name of the proposed sublessee
• the business and permanent home address of the proposed sublessee
• the reason for the sublet request
• your address for the term of the sublease
• written consent from any co-tenant or guarantor on the lease
• a copy of the proposed sublease (along with a copy of your lease, if available) acknowledged by the prime tenant and subtenant as a true copy of the sublease

The landlord has ten days to ask for additional information which you must provide so long as the request is not unduly burdensome. If the landlord fails to respond to the sublet request within 30 days, then a failure to respond is deemed consent. If the landlord unreasonably withholds consent the tenant may proceed with the sublet. If the owner commences a legal action challenging the sublet and the tenant prevails in demonstrating that the withholding of approval was unreasonable or that the landlord acted in bad faith, the tenant may recover his or her attorney’s fees.

Recent rent guidelines (Orders 51-53) have not permitted a landlord to charge an additional sublet allowance. However, rent guidelines in the past have permitted a sublet allowance that was effective with the commencement of the sublet, and which was rescinded once the subtenancy ended and the prime tenant returned. When there was a sublet allowance, it could be passed along to the subtenant.

Separate from any applicable landlord sublet allowance, a prime tenant is permitted to charge up to an additional 10% (at the prime tenant’s discretion) if the unit is fully furnished.

Be sure to follow all of the rules in subletting. For detailed information, read  HCR Fact Sheet #7: Sublets, Assignments, and Illusory Tenancies .

If you have any further questions, you may contact  NYS Homes and Community Renewal (HCR) , the agency which administers the rent regulation.

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Under state law, the owner must provide written consent before the primary tenant can “assign” (transfer) the lease to you. The owner does not need to give you a reason if he or she does not consent to the assignment. For detailed information, check out HCR Fact Sheet #7: Sublets, Assignments, and Illusory Tenancies .

As a rent stabilized tenant, you have the right to sublet your apartment under certain circumstances (visit the 1st question above) but you must always maintain that apartment as your primary residence. For example, if you wish to sublet while you take a temporary job assignment, or you are in the military service or college, or you expect to spend four months wintering in Florida, you may still be considered a primary resident. You may not sublet if you have another primary residence. If you do, the landlord may successfully terminate your tenancy in court. This could be expensive. If your lease has an attorney’s fees clause and you lose, you may have to pay the landlord’s attorney’s fees.

For more information on subletting a rent stabilized apartment, see HCR Fact Sheet #7: Sublets, Assignments, and Illusory Tenancies .

Under the law a landlord cannot unreasonably withhold the right to sublet. However, the landlord can refuse to sublet with good reason. For instance, if the proposed tenant has a poor credit history, is unemployed, etc. the landlord could refuse to sublet. If you proceed with a sublet after it has been reasonably rejected by the landlord, you may face eviction. Such breaches of the lease are “curable” however. If you lose the case you may keep the apartment by having the subtenant promptly move out (usually within ten days of judgment). Even if you cure, you may still have to pay the landlord’s attorney’s fees if your lease has an attorney’s fees clause.

On the other hand, if the landlord refused to sublet simply because of the tenant’s race, ethnicity, religion, etc. this would not be a proper reason. Or, if the landlord did not provide a reason or provided a reason that is clearly spurious, you could proceed with the sublet.

If a proposed subtenant has been unreasonably refused, you may proceed with the sublet and defend any challenge brought by the landlord. If the court agrees with you, you can recover your attorney’s fees. For more information on housing court in New York City, see our resources on housing court on our  Legal Assistance page .

What can I do if I’m subletting and just found out I’m being overcharged ?

If your apartment is rent stabilized, you can contact  NYS Homes and Community Renewal (HCR) , the state agency which administers the rent laws.

According to the rent stabilization laws, the prime tenant may not demand “key money” or overcharge the subtenant. If the prime tenant overcharges, you may file a  “Tenant’s Complaint of Rent and/or Other Specific Overcharges in a Rent Stabilized Apartment” (Form RA-89) . If HCR finds that the prime tenant has deliberately overcharged you, then they may be required to refund to you three times the overcharge. Also read  HCR Fact Sheet #7: Sublets, Assignments, and Illusory Tenancies .

If your apartment is not rent-stabilized, the following organizations may be able to assist you:

• NYS Tenant & Neighbors Coalition 212-608-4320
• M.E.T. Council 212-979-0611

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• Subletting or Assigning Commercial Leases: Ne...

Subletting or Assigning Commercial Leases: New York

(This may not be the same place you live)

  Is a Tenant Allowed to Sublet or Assign a Commercial Lease in New York?

A sublease agreement is a legal document that allows a tenant to re-rent their property to someone else (subtenant). This is known as “subletting” and requires the landlord’s permission unless allowed in the original lease. Generally, the terms of a sublease cannot extend beyond the end date of the original lease.

Is Subleasing or Assigning the Property Allowed for a Commercial Lease in New York?

May a new york landlord unreasonably withhold their consent to sublease or assign commercial property, what if the lease contains no provision about subleases or assignments, do i need a lawyer for my commercial sublease or assignment issue.

In New York, the tenant’s contractual lease terms will determine whether they are permitted to sublet or assign the property . Many leases contain an express provision that allows a commercial tenant to sublease or assign their interest to another party with the landlord’s consent. In other situations, the landlord’s consent is not required. Look at the lease closely to see whether the landlord’s approval must first be obtained before subleasing or assigning the property.

If the commercial lease states the landlord’s consent is required, the landlord has the absolute right to prohibit subleasing or assignments by the tenants. The landlord can refuse to allow the sublease or assignment regardless of whether their actions are reasonable or unreasonable. In response to this, many commercial leases specifically state that the landlord’s consent to sublease or assign the commercial property cannot be unreasonably withheld. In this situation, the landlord may withhold their consent only if there is a reasonable commercial objection to the sublease or assignment.

Assume there is no express provision regarding a landlord’s consent in a commercial lease, and the landlord chooses not to bargain with tenants to allow for sublease or assignment rights. In that case, a tenant is prohibited from subletting or assigning during the lease term. A New York real estate lawyer can provide you with more information if there is a legal basis for your issue.

Subleasing may be a great option for small businesses who want to obtain office space in prime NYC locations at lower-than-market rates. However, subleasing also involves some risks and responsibilities for both the sublessor and the sublessee. Therefore, it is advisable to consult a lawyer before entering into any sublease agreement.

The answer to whether a landlord can refuse to allow the sublease or assignment depends on whether the commercial lease contains an express provision that requires the landlord’s consent to sublease or assign the property.

If the lease does not require the landlord’s consent, then the tenant is prohibited from subletting or assigning during the lease term.

If the lease requires the landlord’s consent, then the landlord has the absolute right to prohibit subleasing or assignments by the tenants, regardless of whether their actions are reasonable or unreasonable.

However, many commercial leases also state that the landlord’s consent cannot be unreasonably withheld. In this case, the landlord may only withhold their consent if there is a reasonable commercial objection to the sublease or assignment.

If the landlord unreasonably withholds their consent, the tenant may proceed to sublet or assign at their own risk and may be able to recover legal fees if the landlord sues them for breach of contract. Alternatively, the tenant may request to be released from the lease if the landlord unreasonably refuses to consent to an assignment.

If the lease does not contain any provision about subleases or assignments, then the tenant is prohibited from subletting or assigning during the lease term. This means that the tenant cannot transfer their rights and obligations under the lease to another person without the landlord’s consent.

If the tenant sublets or assigns without the landlord’s consent, they may be in breach of contract and face legal consequences such as eviction, damages, or termination of the lease.

The only exception to this rule is for residential tenants who live in a dwelling with four or more units. They have a statutory right to sublet their premises subject to the landlord’s consent, which cannot be unreasonably withheld. However, this right does not apply to commercial tenants, who must follow the terms of their lease or negotiate with their landlord for sublease or assignment rights.

Imagine a scenario where you run a small business in a commercial building with several units. The business was going well, and you signed a five-year lease. However, two years into the lease, an unexpected shift in market conditions forces you to relocate your operations elsewhere, but you still have three years left on the lease.

Since you’re a commercial tenant, your right to sublet or assign the lease is entirely dependent on the terms outlined in your lease agreement. Let’s say your lease does not allow for subletting or assignment without the landlord’s express consent.

Now, you approach a fellow business owner interested in your premises. They’re willing to move in and essentially take over your lease, which sounds like a great solution. However, according to your lease agreement, you must first obtain the landlord’s approval.

You approach your landlord with a formal request to assign your lease to the new business owner. However, your landlord refuses. Unlike a residential tenant in a dwelling with four or more units – who would have statutory protection against a landlord unreasonably withholding consent – as a commercial tenant, you don’t have the same right.

In this situation, you might have to negotiate with your landlord to allow the assignment or subletting, which could involve legal assistance or potentially costly concessions. This illustrates why it’s so crucial for commercial tenants to fully understand their lease terms and consult with a legal professional when considering subleasing or assignment rights.

Navigating commercial real estate transactions, especially when it comes to subleases or assignments, can be complex and fraught with potential legal pitfalls. This is where the experience of a lawyer becomes valuable.

Hiring a New York real estate lawyer should be your first step if you’re dealing with a commercial sublease or assignment issue. A knowledgeable attorney can help explain the intricacies of real estate law, guide you through the process, and ensure your rights are protected.

Legal matters in the commercial real estate world can have serious implications for your business. A lawyer can help you avoid any costly mistakes, negotiate better terms, and give you peace of mind, knowing your interests are being taken care of.

Finding the right lawyer for your specific needs can be challenging. This is where LegalMatch steps in. LegalMatch is a unique attorney-client matching service that matches you with pre-screened, highly skilled lawyers in your area.

Just present your case, including your commercial sublease or assignment issue, and LegalMatch will provide you with a list of New York real estate lawyers who are well-equipped to handle your case. You can then check their profiles, rates, and reviews and choose the one that best fits your needs. This simple process is easy to do and costs you absolutely nothing.

Don’t let legal complications disrupt your business operations. Use LegalMatch today to find the right lawyer to help you with your commercial sublease or assignment issue.

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NYC Sublet Law – Sublease, Assignment and Conditions

NYC Sublet Law allows qualified tenants to sublease their apartment subject to certain conditions, even if a contrary provision is provided in the lease contract. NYC Sublet Law considers provisions in the lease contract prohibiting subleases as illegal and unenforceable. As much as landlords don’t like subleases, they face difficulties avoiding them.

General Conditions to Sublet an Apartment

To sublet an apartment, the primary tenant must strictly follow the procedure provided by the NYC Sublet Law:

• The primary tenant shall request the landlord for a sublease at least 30 days prior to the proposed subletting through certified mail, return receipt requested, which should include the following information: the term of the sublease, the name of the proposed sublessee, the business and permanent home address of the proposed sublessee, the reason for the sublet request, the primary tenant’s address for the term of the sublease, written consent of any co-tenant or guarantor on the lease, and a copy of the proposed sublease acknowledged by the prime tenant and the subtenant as a true copy of the sublease agreement;
• The landlord has 10 days after the mailing of the request to ask the tenant for additional information;
• The landlord has 30 days from the primary tenant’s request for a sublease or from the landlord’s request for additional information, whichever is later, to reply to the primary tenant, either consenting to or denying the sublease with reasons for denial. If the landlord fails to reply to the primary tenant’s request for a sublease, such failure to reply shall be deemed consent.

A sublease should not be less than 30 days.

Who Are Qualified Tenants

Under the NYC Sublet Law, the following tenants are qualified to sublet their apartments: (a) tenants who live in a building with four or more rental units; and (b) tenants in rent-stabilized apartments. The following tenants, on the other hand, do not have a right to sublet their apartments: (a) tenants who live in non-profit buildings; (b) tenants in co-ops and condo apartments; (c) tenants in rent-controlled apartments; (d) tenants in public or subsidized housing; and (e) tenants with rent subsidies where rent is based on income.

Additional Conditions to Sublet for Rent-Stabilized Apartments

Rent-stabilized apartments applies to apartments in buildings of six or more units constructed between 1947 to 1974. Rent-controlled apartments apply to tenants and their successors who have lived continuously in their apartments since July 1, 1971. There are more rent-stabilized apartments than rent-controlled apartments in NYC. Rent-controlled apartments do not have a right to sublet, unless it is provided for in the lease contract. Rent-stabilized apartments, on the other hand, have a right to sublet under NYC sublet law, subject to additional conditions.

The primary tenant may not sublet the apartment for more than 2 years within a 4-year period. The primary tenant cannot overcharge the subtenant, and can only increase the rent by 10% if the apartment was rented from the landlord unfurnished and thereafter rented to the subtenant furnished. To qualify for the 10% rent increase, the primary tenant needs to fill out forms to be submitted to the NY Division of Housing and Community Renewal (DHCR). The primary tenant shall be liable to refund the subtenant any overcharge above that allowed by law, multiplied three times, as penalty.

The primary tenant must also maintain the rent-stabilized apartment as their primary residence at all times, including the time of the sublet, to show their intention to return to the apartment at the end of the sublease. To prove primary residence status, the primary tenant must pay New York City resident income tax, list the apartment as the primary residence, and make sure all government records show the rent-stabilized apartment as his indicated address (i.e., car registration, driver’s license, voting records, etc.). Otherwise, the sublease will be considered illusory and the landowner can evict the primary tenant and subtenant.

Denial of Sublease

Under the NYC Sublet Law, if the landlord unreasonably denies consent to the sublease, the primary tenant may continue the sublease. In an action over owners withholding consent to subletting, the primary tenant may recover attorneys’ fees if shown that the landowner acted in bad faith in withholding consent.

If the landlord’s reason for denial is with valid reason, there can be no recovery of attorneys’ fees. Valid reasons for denial are normally economic in nature with regard to the subtenant or refer to issues of primary residence of the primary tenant.

Examples of valid reasons for denial are: subtenant does not have stable income or employment, subtenant has history of eviction, subtenant has a criminal record, subtenant has poor or insufficient credit history, primary tenant has no valid reason for being away, primary tenant did not follow proper procedure in requesting permission, or primary tenant has no intention of returning back to the apartment.

Sublease vs. Assignment

A tenant sublets his apartment when he (the primary tenant) leaves his apartment for a temporary period and leases the apartment to another person (the subtenant). In this situation, the primary tenant has to and must have intention to return back to the apartment after the sublease. The primary tenant is still liable to the landlord for rent, whether or not the subtenant pays. The landlord generally cannot unreasonably withhold his consent to a sublease. An example is when a NYC tenant takes a vacation for two months and subleases the apartment during that vacation period to another person.

In an assignment, the tenant is permanently leaving the apartment and has no intention of returning. For this reason, the tenant is assigning all his rights over the apartment to another person. The assignment releases the tenant from any obligations in the primary lease contract. The landlord can refuse to consent to an assignment without providing any reason. Unlike in a sublease, a tenant has no right to assign his lease contract.

When a tenant rents out a room of his apartment but continues to live in the apartment, the situation is not covered by the NYC Sublet Law. In this case, the tenant does not need to obtain the consent of the landlord in renting out the room in the apartment because the tenant exercises supervision over the roommate and continues to be liable to the landlord for the full amount of the rent.

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